IN the first case of its kind in Scotland, a Judge yesterday ordered

that a convicted drugs dealer forfeit assets of #98,966.

The order by Lord Sutherland at the High Court in Edinburgh may mean

that Mrs Mary McLean will have to sell the #140,000 home in Giffnock,

Glasgow, where she lives with her three children.

Ian McLean, 39, was jailed for eight years at the High Court in

Airdrie last August after being found guilty of being concerned in the

supply of cannabis with a street value of #750,000.

Two other accused were also jailed for eight years and a 17-year-old

youth sent to a young offenders' institution for four years after being

convicted on the same charge.

The gang was caught after a police surveillance operation during which

they were seen unloading boxes of cannabis into an industrial estate

unit in Stonehouse, Lanarkshire, in February last year.

At the hearing at the High Court in Airdrie, it was alleged that the

amount of the drug seized was the equivalent of one and a half million

reefers.

Under the Criminal Justice (Scotland) Act 1987 the Crown can apply to

a Judge for a court order to claw back cash it believes has been gained

illegally through drug trafficking.

The burden of proof is on the convicted trafficker to show to the

satisfaction of the court that the cash pinpointed by the Crown is not

the result of trafficking.

During a three-day hearing before Lord Sutherland at the High Court in

Edinburgh the Crown detailed financial transactions of McLean's dating

back to 1988, alleging that they were the result of drug dealings.

Issuing his decision yesterday, Lord Sutherland said there was

evidence of substantial sums of cash being being transferred to and from

the accused in circumstances which were unusual.

This included #25,000 found by police in a jeep being driven by Mrs

McLean.

The Judge ruled that McLean had realisable property of #98,966 and

ordered a confiscation order in that amount. He gave McLean six months

to pay.

This is the first case of its kind in Scotland to be ruled on by a

Judge. In previous cases an agreement has been reached between the drug

dealer and the Crown.